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Patna High Court

Nripendra Kumar SIngh @ Nipendra SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The trial court's order taking cognizance of IPC sections 376 and 385 against the appellants is set aside as it was based on a mechanical approach.

Summary

The appellants, parents of the alleged co-accused, appealed against an order of the Special Judge (SC/ST) that took cognizance of offences under IPC sections 341, 323, 376 and 385, as well as sections of the SC/ST Act and the IT Act. They contended that the FIR contained no allegation against them for the rape‑related offences (376 and 385) and that the trial court had mechanically included them without applying judicial mind. The State argued that sufficient prima facie material existed under the SC/ST Act for caste‑based abuse offences. The Patna High Court held that the trial court erred in taking cognizance of sections 376 and 385 against the appellants, as the FIR exclusively implicated their son. Consequently, the court set aside that part of the order and directed the trial court to pass a fresh order on cognizance for the appellants, while leaving the order against the co‑accused untouched. The appeal was therefore allowed.

Issues considered

  • Whether the trial court correctly took cognizance of IPC sections 376 and 385 against the appellants.
  • Whether there is a prima facie case under the SC/ST Act (sections 3(1)(r), 3(1)(s), 3(w)(2)(va)) against the appellants.

Legislation cited

Subjects

  • SC/ST Act
  • cognizance
  • IPC
  • rape
  • mechanical approach
  • criminal appeal
  • prima facie case
  • caste based abuse

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.555 of 2025
                      Arising Out of PS. Case No.-98 Year-2024 Thana- JAMALPUR District- Munger
                 ======================================================
           1.     Nripendra Kumar Singh @ Nipendra Singh, Son of Natho Singh Resident of
                  Mohalla - Basudeopur, Near Nand Kumar High School, P.S. - Kotwali,
                  District - Munger
           2.    Seema Singh, Wife of Nripendra Kumar Singh @ Nipendra Singh, Resident
                 of Mohalla - Basudeopur, Near Nand Kumar High School, P.S. - Kotwali,
                 District - Munger

                                                                                  ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Aarushi Chaudhary, Daughter of Anil Chaudhary, Resident of Khalasi
                 Mohalla, Mohanpur, Jamalpur, P.S. - Jamalpur, District - Munger

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Prince Kumar Mishra, Adv.
                                                 Ms. Priyanka Kumari, Adv
                 For the Respondent/s    :       Mrs. Usha Kumari 1, (Spl. PP.)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

7   02-07-2026                  The instant appeal has been filed under Section

                   14A(1) of the Schedule Castes and Schedule Tribes (Prevention

                   of Atrocities Act), (in short 'SC/ST Act') with a prayer to quash

                   the order dated 03.12.2024 taking cognizance of the offences

                   punishable under Sections 341, 323, 376, 385 of the Indian

                   Penal Code (in short 'IPC') and Sections 3(1)(r), 3(1)(s) and

                   3(w)(2)(va) of SC and ST Act and Section 67A of the I.T. Act

                   passed by learned Special Judge (SC/ST) Act-cum-Additional

                   District Judge, 1st Munger, in connection with Jamalpur P.S.

                   Case No. 98 of 2024.
Patna High Court CR. APP (SJ) No.555 of 2025(7) dt.02-07-2026
                                             2/4




                       2. Learned counsel appearing for the appellants

          submits that the order impugned is completely bad in the eye of

          law in so far as it relates to the appellants with respect to the

          offences punishable under Sections 376 and 385 of the Indian

          Penal Code (in short 'IPC') as there is not even a whisper in the

          entire FIR regarding any role of both the appellants in the

          commission of the offences under Sections 376 and 385 of the

          IPC, all the allegations relating to these offences are against

          the son of the appellants, despite this fact the learned trial court

          while taking cognizance of the aforesaid offences along with

          other offences under the IPC,                   SC/ST Act and I.T. Act,

          summoned the appellants as well, observing that a prima facia

          case was made out against them in respect of all these offences.

          This, according to the learned counsel, clearly reflects a

          mechanical approach on the part of the trial court. It is further

          submitted that the main part of the allegation is against the son

          of the appellants and the FIR clearly shows that the appellants

          were made accused by the respondent no. 2 only to harass them

          on account of their relationship as parents of the co-accused

          Nilendra Kumar Singh and further the allegation made in the

          last portion of the FIR against the appellants that while abusing

          the informant/respondent no. 2, appellants started compelling
Patna High Court CR. APP (SJ) No.555 of 2025(7) dt.02-07-2026
                                             3/4




          her to establish an illicit relationship with their son, is wholly

          unbelievable. However, learned trial court failed to take into

          consideration the findings of the investigation and the materials

          available in the case diary, particularly the statements of

          independent witnesses.

                       3. No one appears on behalf of the respondent no.2,

          despite service of notice upon her.

                       4. Learned APP appearing for the state submits that in

          so far as the allegation of caste based abuse is concerned the

          trial court has rightly taken the cognizance of the offences under

          Sections 3(1)(r)(s) and 3(w)(2)(va) of SC/st Act as sufficient

          prima facia materials exist to attract the said offences against

          the appellants.

                       5. Considering the aforesaid submissions and taking

          note of the allegations levelled by the respondent no. 2 in her

          FIR, this court finds substance in the submissions advanced on

          behalf of the appellants as the learned trial court adopted a

          mechanical approach while passing impugned order insofar as it

          relates to the offences punishable under Sections 376 and 385 of

          the IPC against the appellants. A plain reading of the FIR

          reveals that       the allegation relating to the said offences are

          exclusively against the son of the appellants, which was not
              Patna High Court CR. APP (SJ) No.555 of 2025(7) dt.02-07-2026
                                                           4/4




                        properly appreciated by the trial court. Hence, the impugned

                        order to the extent it takes cognizance of the offences under

                        Sections 376 and 385 of the IPC against the appellants and

                        summoning them for the said offences on account of being

                        mechanical and reflective of non-application of judicial mind, is

                        hereby, set aside to the extent of the appellants only.

                                     6. The trial court is directed to pass a fresh order in

                        accordance with law on the question of cognizance insofar as

                        the appellants are concerned without being prejudiced with this

                        order. It is made clear that the impugned order taking

                        cognizance of the alleged offences against the co-accused shall

                        remain unaffected by this order.

                                     7. With above observation and direction the present

                        appeal stands allowed.

                                                   (Shailendra Singh, J)
Rajiv/-

U         T


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